The Sun. — London, England, 1826-03-03 00:00:00

deed of the consequences of speaking falsely, but who, as well as the other witness William, was never sworn. %Valiant was then , examined against his own father, and his evidence went to say that his lather advised him to be . cautious of Ids safety, as the negroes intended to rise ; but lie said that his father was not present on the night of the meeting, though the boy Ned stated that he was ; and luxe wits a manifest contradiction in the test e mony of both, notwithstanding which the unfortunate man was convicted and hanged. There was also another witness against the prisoner-.-.his own wife—(ilear, hear, hear!)— Mary, the slF.ve.of George Merrilies, Esq. a native of St. Do man go. First the son and next the wile of the prisoner were employed us witnesses against his life. No part of the testimony adduced made out a case of rebellion, and the whole of it abounded in contradictions, as to time, circumstance:, and . several other partieulars. The Honourable Member then alluded to a letter written by Colonel Cox to Mr. llulloek, nn. flouncing, to. the information of his Excellency the Governor of.Jenutica, that the eight conspirators had been executed with all due form and eolenuty. The letter further mated, that only one of the wretches hail confessed his crime ; but that none of .them would betray the accomplices of their guilt. it was also stated, that they laughed at the atit»onitions of Mr. Cook, the clergyman, who attended them to execution. Mr. Denman, after reading the letter, proceeded to say, that Colonel Cox was_ not the man on whose evidence he would condemn men' to exu. , c4ition. lie wins interested in the conviction of those, on whose trial he sat as a ,judge, and he was happy at their execution, rather for the sake of the example which it impressed, than of the ends of justice which were thereby attained. Ile (Mr. Denman) would like to see u report front Mr. Cook, the elergyoutn.—(llear, hear!)--The convictions were tininded on the evidence of children ; the prisoners were midi:fended by Counsel ; and within eight days after their alleged offence, they cearted to exist. Subsequently to that execution something like a taste for plots seemed to have arisen in Jamaica. How trivial must have been their circumstances might be judged from tlto fact that in one case the Duke of Manchester thought it .right to mitigate the sentence of transportation into three months imprisonment. The prisoner was a poor lame boy who was in the habit of talking with his fellows of King Wither force, and of the liberty which he hoped that Negroes would eventually obtain. Such language was surely not seditious, and it was naturally the sort of conversation in which Negroes might he supposed to indulge. It should also be remembered, that the greatest temptations were held but to witnesses, who were sure of a two.fold reward in money and manumission. The third case was that of St. George's parish, in which the chief witness Cortnoran, completely resembled Titus Oates in character. llis first affidavit, after setting forth all the allega. tiouii which he had to make, concluded with these words, " Further the deponent sayealt not." Hut afterwards, when he discovered the rewards which ho was likely to obtain for his tes. timony, he hesitated not to swear boldly against the slaves of Unity Estate. His inconsistencies throughout were of the newt glaring Character, and on the last trial three witnesses had proved a variance In his testimony. Yet this man, anti others who had joined in his guilt, wereonly removed from the island, and not punished for perjury. In the course of their evidence, they spoke of Mr. Lesein and endeavoured to implicate him in some of the seditious Changes, but every case which they • attempted to establish against hint, he was able to meet with the most unquestionable proof' of an alibi. On one occasion he Was out of the island, and on another he was in prison. In neither case was it possible for him to have committed the acts laid to his charge. The trial of the slaves of Hanover parish occurred in July. Here, indeed, it was admitted that there was something like an insurrection. Ilad it been connected with the treatment which their t'ellow slaves had before expe rienced, it wn* no wonder that they ehould feel indignant at the acts of the Government. Hut their rising referred merely to the diminution of their usual holiday enjoyments and re creations. There was no fact proved agninst them by a single free mart ; all the witnesses were slaves, no one of whom was aware of the nature or an oath, unless the condition of a slave is not inconsistent with such knowledge. As to the discussion which was held in Jamaica upon the admissibility of slave evidence, the question was introduced by Mr. Steward, the father of the House of Assembly. That Gentleman grounded his motion upon a detail of facts, and not like Captain Maxwell upon general principles. One of the cases which he had submitted to the consideration of the Mese, was thet of a wretched woman, whose neck was twisted off'; and although the atrocious deed was committed in the presence of timbers, yet, as no free pereon happened to Witness it, the murderer actually 'le:aped punishment. Another fact, related by Mr. -Steward, was, that a white man, named Lee, had confined en unfortunate woman in an interior apartment of his house, anti employed a hot ,iron to bland her all over. It so happened the free titan of colour witnessed this scene of barbarity through a crevice, and to that accident alone it was owing that the mis creant was convicted. Air. Maize, the Cuetoe of St. Andrew's, stated, a female, whose dug had provoked a fellow with a gun, on remonstreting with hint, in order to prevent his shooting -the criminal, was allot by the ruffian, merely for so Much interference. Many witneestd the murder, but they were only slaves, and their evidence was unavailable.—(Hear, hear, hear!)--Mr. Hector Mitchel, who was well known to inany e illembers of the Hou 4, in Stating certain »axlificatione which might , be tuivat itageouly introduced for the ameliorn. r ( the cnodition of the Slave, had made smite statement ' n.tU R 11 ) 34 4' 4 4, 09 4,11 grg' , !4fig thWing lira titottiktitlowiky.oticitattASWbttittlit 4,4 the nmetegeorent eleettee in this carrots ne „ tat mere was something in the texture of tiloyer`o skin whic h , ate workings of his undiecoverable. 111 r. IlisloP scented to let tmt the secret of ;Injection to slave evidence, when he said that it was inconsistent to melee the testimony of one, who atter giving his evidence might be taken to the woikhouse and flogged. This plainly shelved. the necessity of removing the cart-whip.. Even those who were of opinion that the slaves ought `never to be entancinated, must admit that it is art unfair con. etitution of a court ofjustice weedier slaves to be hanged upon the evidenee of their fellow slimes; if the cart-whip bad a more powerftii influence in directing their testimony than a respect fur any moral ebligation.. For his part he conceived that there watt but one, eiMple remedy for the evil, anti that remedy was emapyipasiqn. (hear )--A s matters now stood the slave came lecture a Jury of his Maetere ;.he was governed bye law enacted by his Masters : anti he was executed by the order or his Alas. ters. N ;When he appealed it was to the Inferior Members of Govaitment, and his conviction rested upon bad evidence. His last resource lay in religion, and here lie must either reject the whole fabric of Christianity on eccount of the source from which he derived it, or he must abhor those whose practice so much tlishonoureti the tenets which they, professed. God, forbid that he (Air. Dentmin) should 'advocate, rash and Inconsiderate haste in the Emancipetiort which lie Proposed. lie wished it to be gradual anti he would therefere conclude by moving— " thr4 theifouso having taken, into their consideration the ae. counts laid before tiwnm, of the proceedings of Courts of Justice in Jamaiett, in the yt.iats 18.211 and 1821, have to express their .sorrow and indignation at the acts which have been detailed, and lament the preeipitate manney in which sentence of death was pronoutwed without sufficient proof. They therefore deem it necessary that an immediate reform should he made in those • Courts." Tiftbqueation having been put from the Chair Mr, W. HOUTON rose. He wins no less anxioult, he said, than the -Hon. Gentleman who Inal just sat down for such a reform, in the eondition of the slaves mis was practicable. No doubt .evils were ineepitrable Not ra state of slavery, and how. ever mucleto be deplored those erne might be, it was still his duty to guard the House against some of the doctrines of the Hon, anti Learned Gentlemen, which, however true in the abstract, were yet inepplicable to the reel state of the OEM. A.s to the nherge of' a violet:en of law in the instances adduced, it could be fi tly and satienectorily answered. The Duke of Man• chester and time Governorent- of Jamaica had information from smarty sources on which reliance might be placed, that an incur. rection of the slaves was designed. 'file situation of the Duke was one of extreme peril, wallow a sufficient number of troops 'among an immense popi t lation of blacks, who conceived that the benevolent leteetione of individuale in their favour were thwart ed by the intuferenee of the Duke. A conspiracy certainly existed in St, I t.»•ge"s anti St. May's parieltee. Pis wits I established beyol,d all doubt by the confession of the negro Jack at the boor of his execution, and when he could have, no hope, nor any interest, whateVer in speaking falsely. At a later period a rebellion took place among Malcolm's negroes. 11l wnurikl ask, war. the Honourable Gentleman aware of the mate of the law in .14maiea, when he ohj.:eted to the pro. ecedings of the Courts Oleic.. Could they Censure the Courts for actolg epee tee lew of 11.117, however severe that law might be. it was rse. sev,re t , .) visit reprobation abstractedly, open a Cenri 'pursuing the line merited out' by the thought the prH Inh of the law itself might be such us re. quired alteratioo. honourable Gentleman then re. cited fWV4I4I Cl tire Statute by which the punish. wen t of &Ai , to e to the several crimes committed fay t h e e t e eees,' I • etre submitted to the considera. i y m o f t h e lfo • 'l' H .of 1:117 watt an amendment on that of le mi d i n !: eion of Stepinli, the Son of the Master in Chancery, ~',Orn the Honourable Gentleman spoke in terms of the highest eulogy, the latter Act contained many clauses beneficial to the negro popolation. Col. Cox, wino Was the eueject of ee much censure, was the one who brought in a 'clans::: to prevent . tine delitit of hlaves in certain cases and to au tmt it.ttte g , ipitig a tcti puoiehment... He regretted that his letter come, ..1 lite wretches," but great ail • uwances were fo r t h e f ee nnge of a men who - had just escaped . against hint-self and his f a mil y by tho se w`it of bIO4 O E , NY Ile knew no one of is Trains .. braelaue s !!un t o ~` tulle',t s lAity of evidetule W u a it tC n t 6 4ll ow 14 -ki which . could not tai tra ted here. ,tortiaie tilt: !' v " crave: tt ,;,t1 etiarut, r af rl►n • i t e,tt to pet. 543 lettered from what it had been that a change in their hapless condition was rendered necessary by present circumstances. The reward in these cases was-manumission, and. a sum of money: so said the Hon. and Learned Gentleman. Now this the Duke of Manchester had positively and explicitly denied. At this Mo. mew. thpre witsPCommittee- of the House applying itself to the remedy of legal abuses in the administration of the law as' respected the slave population. Ile was satisfied the Duke of Manchester had acted under the impression that'be was per fectly justified in thus preventing worse disasters by timely and vigorous interference, and in this line of conduct he was . borne out by the spirit of our colonial law, which in some in stances was partly a civil, partly a military code. The Duke of Alancheeter also complained that the cases alluded to were most improperly reported. In the cases of St. Mary's, it was clear front the confession of Jack (page 190), that nothing short of rebellion was meditated, such . as carrying arms to a depot, providing ammunition, and other warlike preparations, - which sheared the animus of the slave, and which, in itself, would alone spetion a sentence of death according to the Slave Court Act. That an impression had gone forth that injustice had been thine there was ito doubt : and this accounted for the slaves of Golden Grove and Alexandria having nestle cominon cause with these culprits afterwards. This impression. was a natural consiluence of the imperfect nature of the - laws there, and also of the state Of agitation of the Negroes' minds. Fifty years of euntinuerl slavery had created that feeling, and be felt it would be only the sIOW progress of infortitation and moral instruction which ever could abate that irritated state of the Negro mind. The /louse, in examining the question as to the case of Slaves condemned at Si. - .s . lary's, should particularly direct its attention to inquire whether substantial justice had nut bean done. 110 was satisfied there had. The same remarks might be applied to the case of the Hanover estate, where the most undoubted proofs and overt acts of rebellion were mani fested. Under such circumstances, it was perfectly competent to the Government there to have, under the existing severe laws of that Colony, sentenced' these slaves to death. in so saying, he was not disposed to defend the law which placed so extensive and alarming a power in the hands of the (government of those Colonies.' The parties charged with the administration of these-laws were not to 'be made responsible for their imperfections, nor the error s of legislation -visited . upon the administrators of the laws. Viewing as he did what was objectionable in these cases as attributable to an inherent defect in the law, he should feel it his duty to resist the motion of the lion. and Learned Gentleman, for the purpose of intro ducing an amendment, which he considered would more fairly express the sentiments of the House• with 'reference to the cases under discussion, lie then moved an amendment--" That the /louse having seen, and examined the proceedings respecting the late trials of the slaves in the West l'ndies, perceives that the evils and inconveniencics detailed in'thomme proceedings are attendant on the state of slavery itself as it there exists, and proves the necessity of the improvement recommended by the resolutions of that /louse on the 111th of May, 11123 ; but that, however desirable it might be to amend egos defective state of the law in our. West Indian Colonies, it would not be expedient or sate to impeach verdicts delivered by jurors impannelleel ac. cording to law, and sentences pronounced by the regular jutll-, coal authorities in those Colonies." . Mr. WELI • BUXTON expressed himself happy in find. log that the subject of slavery still continued to be canvassed and debated in that Ileum:, although reprobated by the Right Gentlethan opposite last night, becafise these ttebatcs tended to extract on each occasion, concessions from the friends of slavery which were most important arguments in favour orate maim. Olden or our West Indian slaves. Ile felt confident he WOLIN prove beyond doubt that neither in the case of St. Mary's, St. John's, and St. George's, was there any attempt to rise in re ' billion, or du any thing further than attempt to ascertain, which was perfectly natural, what line of conduct they were entitled to pursue according to the instructions which had been re ceived from the Government at borne. The evidence of flip. polite was discredited by even his own young and old mus. term. The case of Cormoran's evidence, detailing the plot anti the incantation of the Black Magician, and the appointment of a King was altogether a most mfanious fabrication and full of equivocations. Those of Mack's, another witness against the slaves, were still more startling. Hence there would be, nu doubt, that as these inconsistencies were revealed on the mere examination in chief, that these two witnesses were most grossly perjured. Such was the case of die pretended attempt.. to raise an insurrection in the parish of St. George. As to the case of Montego Bay, the liuke of Manchester had pia it on public record that he believed there np sort of combination autongst the slaves for treasonable or dangerous purposes. As to the meditated revolt at St. Mary's, he must COMend there were many fatal-objections to the evidence in that case. The first was, that the evidence was admitted on the trial without adininistering an oath. The A WORM!: Y-0 ENER:II4—" That is the fault of the system." Alr. F. BUXTON—So he had argued all along. Admit the viciousness of,thesystem, and this was till he asked. The ATTORNEY-GENERAL again said he wished once . for all to be understood as drawing a line of clear distinction between the defects of the law, and the imputed Colpidoty o f ! the parties tato were called on to administer the low nnpfrtect as it was. That distinction was moat important. Mr. BUXTON, in continuation, said the next objection Was, that atimptirint prevarication 8111101r:4C the witnesses had puteet/ -. 1110 lane/. war', cicarty tiOw douhttrl. unhappy amen men hue ever- were - c o, and to increase their enormity, as It wouht appear none of these wretches, Colonel Cox says, made any confession In their List moments except one, Now lie would distinc4 deny that there was any confession at all, made by that poor cremate. The whole reminded him atrangly of the Poptsb Plot, when' the evidences, `Titus Oates and, ltedloc, at first, as lime obiieried, could give but little information ; but its soon its they began to find that they were paid so well for intelligence, they appeared more than ordinarily over eager to furnish materials to incid. pate others. This system of bounteous reward hid prod aced die: sarne effixt in the case of these poor negroes that of the Popish Plot, more particularly in the case of the itymnaii, 'whose evidence had been made the tneans of most extensive inculpa tion against those unhappy creatures. feeling ever wennlO on the:subject of slavery, he must have been dead to all sense of injustice U it' lie had nut this evening expressed himself in the most unralitied terms of abhorrence at this depurtureifrom Cip e of criminal law, and the practice in ordinarrieguiiprob ceedings, where the lives of men were aft Stake. 110,.should lutist cordially Support, for these mations, the motion of his lion. and Learned Friend. The ATTOII N BY.GENEII AL felt it wan necessary that be should in the ()onset guard himaelf against the imputation which wax but too usual, titat he meant to advocate ur defend the state of our Colonial Law, as regarded those persons m n so culeitined. m lie usi say lie could not see why our colonial law shOtlld eon. time AS it ; why proceedings, in cases where Blacks were partici, should be governed by other rules of evidence, or. be more summary titan in cases of Whites. The law there was confessedly the coo:it defretive system possible. If a White Alitu were put on hi, trial, he was enabled to learn what hie had to defend himself against. An Act to amend the law lied been passed by the Colonial Legislatures, but so jealous were they. on the subject, that it was agreed that noittivantage should he taken of it as in point of form. The Constitution of the Court wax extraordinary to entitle it to the exercise of such, powers, for there the judgcs vrere dot lawyers. Them too the charges in ail indictment' were vague and almost inil e fi r i te , f or hi an in, dietment it was competent, to a prosecutor to t'rante his, charge against a prisriner its guilty of rebellious Conspiracy and other crimes ; thus leaving it open to hint to prove on the trial any 011 c crime of whieit the noosed might have been iiolllo days previously guilty. Neither tittle nor place were necessary' to be inserted in the indictment. It such were the state of the laws there, and ,itch they were, ltc would ask Hon. Gentlemen if such they Goght to continue? It had been that their evid el)e .. was riot adiliihseble, because they had no moral notion 'd of the religious obligation of al oath. This, however, ire " only t a t r P a li l e )l d a eLlu: case' wii'lre accused a i s ( eitilinnui o n ra w l a a 3 n a cl ec i ti ti s ci e i ) i n t iti a. t t i .t i r t i t; i i t l i n t i t . witness ti l t (ascase becomes atirdiasable, int w Pliout the furinality an oath, awl being told or enjoined, insiead tlit.l4l to speak no ti t! : jo doubtwtri,,rvi)viietract thelttt ittirtotly ‘Villiaut was, though not sworn, idence which might take, away t'oe life of a tellow ti?avie. give e (lr Ile had been inhumed that the common law of I , to e n aT alga ef.),.rounon law elthe colony of Jamaita, and 'et o'iV t or' t t re-!, likht PrinciPle4 of our law was that no hearsay evidence til)(1114.1 he ethtlittVd j Net the boy 'William had been heard in ev itleitee with respect to theallegett crime of his father. When such was the case, how could he do otherwise than condemn the system altogether? lie wio, still convinced, that in themselves the parties involved in Iher,,,polisibility, had not beet' guilty of any premeditatedly imptiqier eonduet. No doubt „they were alarmed by anti hi:lit:yeti ill the (linger, end consequently in that which past txperierice during 150 yeots taught- t l ie-°ll°thi " justifiable. Vet the evidence in these cases was full of glaring contradictions. Si.1111t: of the witnesses swearing at one exami.. nation, there were ritimhers of slaves, plotting together„ and at another that there were not more than four or five m4aves present. It was manifest that the report of these proCeetlings, roust have .been excessively incorrect and defective, and it Wag I,llcrifOre to be supposed that the effeel protliteed on the of the jurors who ii4W Ural heard for themselves, w. s tar dif ferent that or a reader of the trials es it reported. What t ek d been urged :t3 to the dangerous principle of adducing the testiniont of the son against the fattier, WO his assent; be reprobated the principle, but the practice was resorted .t i et i n ou r Courts here, and where the life of a parent was forfeited oil tie: testimony of a daughter.--(11 ear !)—The evidence of a in this ease tao hati been attecAad to }os most material iu deeiding the fate.of tiie areettsed. It was most materiel cer 7 titittly—hut he would deny.this Woman to have been the wife of the. accused, unless the woman wha cohabited with a man were ' to have the same privilege and immunity, from giving evidence against the accused that his wife would have had. He was next led to consider what was the real impressin of the persons can stituting the judges and the accusers , as to th e d anger w ith which they were threatened: . and he would 'here :lA' whether, froM theletter addressed to Col. Cox on. the subjec't Of the ex pected rising, and his answer to it, it was not to he inferred that he entertained an honest conviction that these slaveiew ere engaged in a criminal conspiracy. That officer was well known to many in that House, he was a native of this country, wlei had reechoed a British education, and was a man of well known humanity. Inc would-read some 'portions of a letter' froni Irditnell - ,' front' a man of whom he might fairly say, that no man;was more de sirous than him to ameliorate the condition of the 'Slihoe pOpula. tion. The first passage he would read wits as followS We had the misfortune to he obliged to institute proreeding*for a conspiracy." This he would again observe was frornu gentle. Ma.] who was amongst the foremost in running the same. race with the lion. Gentleman that supported this twice:. He (31r. Rennell) there went on to mention the nuede.r convicted anti Punished, - and proceeded thus " all upon the eVidenee of slaves, but nobody doubted the guiltiof the parties,-and only one of!the naves who had been ex:loth:et:l had been suspected of false hood." This -was. the opinion. - eif a most respectable person upon the spot, who not Only watiltree from any bias against the blacks, but whose feelings wet- the most friendly 'towards theta; his conviction was, that the persons convicted were really guilty. They were at a distance, and were taking upon them to say,. that twelve jaryinen, no, not twOve, hat four . or live times twelve, for several sneccssive juri a . i , had been ent. pannelled, had prevented jostiee,:and l ir oaths ; for unless Hon. Gentlemen entertained that opiniori;'tbe,y could not support the resolutions If they were of opinion'that they had acted agreeably to the law, then however they might condemn the law, they could not do otherwise than vote for the Con aids lion. Friend.. That motion pronounced a censure upon the law, anti admitted the necessity of its anienilMent, but did not pronounce a censure upon the persons who nistered the law as they found it. bet theta condemn a vicious system, let them take the - necessary steps for its abolition ' but if thus far they had slept-opt:lt their posts, and - had suffered bad laws to remain in existencdo them not 'eaticlemn those Velie had'eaecuttid the law as it had been placed in their hands. lie had thought it his duty to Make these few observati ons ;be eau S e he felt that every- prinetpfouf lustiee would be-violated, if the original resoluttona were adapted. Mr. W. liciuTortexplained. Dr. LUSIIINGTON„ said that lie felt to strong an, interest in any discussion that related to the administration of justice, that he could not be entirely silent,open the present occasion. The argument of his lion. and 4,earned Friend amounted to this .._. that if the forms of law only were observed, whatever atrocity might be committed, the Hogse of Commons was prohibited from inquiry. His 'erguminq also was—that there was great difficulty iu that House coming to a fair decision upon the question, on account o f t h e distance. Now, if these arguments were to be ,held valid, no matter what crying injustice might be committed—no matter how much innocent blood might be tired,: that Muse way still to be precluded from interfering.- lie on the contrary thought it was the imperative duty of Par liarneet to see that justice was duly administered in its distant possessions. here if an apprentice was ill . used—if abuses were discovered in a jail; some Member was always ready to bring it under the notice. of Yarlipment. But unfortunately for the Colonies, the grossest abwieir took place, and were too frequent. ly passed over withoid nonce. In .the case now„ beta° the House, ten or twelve persons had been executed upon evidence which, as thr ai it appeared, was altogether irrsuMcient.— The lion. and Learned Gentleman here commented with much severity, on the conduct of the Deice of• Manchester, and on the evideirce on which the peesons executed in Jamaica, hadbeen. convicted of conspiracy. !His Hon. .anti Learned Friend had expressed eloqinetly and strongly his disapprobation Of the spew/. How could it be thought that 13 jurymen4l)(l.s magis trates would condemn their fellow -creatures to death unless int. pellet' by a system of which the effect Must be to' create preju dices and awaken apprehension. It had been said that no bribes had been administered, that no one had beeojewarded for their evidence. He would in answer to this refer to the revert of a com mittee of the House of Assembly, by which - it appeared that 317/, had been granted to the Parith of St.. Mary, in order'th pay the expellees attendant upon the menumieeien of certain. slaves who were rewarded by freedom for the services they had rendered, and the itiforniirtion they hod given. This was the pure and unspotted edministratiou.ofjustice of which they had he a rd. Thu; practice tended t o polltite i the•sourote of' justice—it offered to to a slave to ac cuse his fellOW slave, and that tern pta. tion was-the greatest boom that could. be bestow e d upone man—. his own freedom. The Hon. and Learned G e ntl eman proceeded to censure the Duke of Manchester fits-,,having consigned. to, detail so many individuals without the strictest investigation, when the 'nature of the evidence given against. them on their trials'had been such as must naturally have awakened sushi. cion. 11e, censured also the omission of the Magietrates, who presided on these trials, to cross-examine the witu6seS, who bore testimony, not upon oath, aainst men Who had no Couniel to defend them, end Who were altogether incompetent.to under-, take their own defetiee. But it had been alleged that one of the c t es h e e demned slaves confessed the existence of garAValla placeof execution, .Uyon that mots , atlis, Mll my 41 that his confession vLey. few queetieue,4o.o4l-e eeei4seireverasseere the graves of the suf. ferers had not been dug under the gallows—whether the Clergy man who attended the execution had not promised their hew to thsi two who made a conteseion—and if at last all, without exceptiOn, had not - reamed to .confess? All this he believed, .for he had it all upon the authority of an eye-witness. He did not deny.. the propriety of admitting accomplicesto be King's evidence in certato cases in England; riot in Jamaica, to admit slave: :accomplices - its • King's evidence, Where universal- pre , judice:against slave evidence was so strong that the Houee of - Assembly woad rot coilient to render. it adolii:9 1 10 its onY ease afreeting die eliglit4it 'interest of re white man, certaitil,_v ap. peered to be monstrous. - What, in tact, „ was it but to offer a premium for false evidence, and that too • in a society where ntlse evidence was presumed to he co easily Obtalhed. It Was the - misfortune of ttie-siate of slavery, that it placed the masters lin a state. in which they naturally. were , led to the apprehen slob that they could not althrtl - to be, just. Where there was 20000 free men, and 'O,OO slaves ' there the physical po wer was in the hands or theelaves; therefore the proprietors feared to apply to, them those principles which humanity wield be thought to acquire in the case of a white. The Hon. and Learned Gentleman produced several instances to prove that the tendency of slavery was to brutalize the dispositions' of the slave-masters ; and concluded by calling upon the House to keep its door always open to the claims of humanity, to be always ready to do justice, and to ptinish oppression. , . S t tat t le Honourable ' The SOLIIITO ENFR 11 1 1 ' 1 and Learned Gentleman had merdly proposed a resolution with a view to it prospective his reso?utinn had only gone to the introduction of a better system in future--he should not have objected to it. But the proposition of his Bon. Friend might be d iv hied into two parts. The first part wentto criminate the Juries, the Magistrates, antj the Governor. In that branch of his thin. Feriend's object, he could not agree.. So fur front finding any thing In their conduct which fairly called for an ex. icressiof of the stnrow and indignation of that 'louse, he could hot tine in it any just grounds tit reproach. " Their conduct was not tit be juti.;cd accordiog to the law of England. The fair luestion WUti, hail it been illegal aceord Mg to the law of.laninica. ie wad not prepared to say that he did not wish the law of JaMaica to be assimilued to the. aw of England ; he was not prep:fred to say that he would object to the situation of the slave being equalized with t hat of the white man in respect to every op. portuuity and liberty of dcfence.• To any proposition having these prospective olkr (Is to view, he should curtainiy not ; object. Thu lion. end. latarned Gentleinan continued for some time to entbrce the distinction between.seeking an improvement of the nresent syst e m, and stigniati4ing those who had acted upon it us asystern they hail tinind established. lie trusted the internal 1 4 '4,:cthiatttri, of janiaicii. would amend their laws, if they neglect( ll to do so,. it might become the duty of that House to lonoorable Gentlemen contended that the con. stitutiOn bad iii,.: transactions of Jamaica, he bogged, on t.ha oilier hand, to ash th(n) if there woiild not be a gross violation of otuAtinitional principle to visit the original siti9 and errors of the law upon those who had been engaged ita.atitninistrini, , m. , Liu wi-os disposed to adopt any measures which might /dace the mastert, and the slaves upon the sante footing with respect to crimitittl jurisprwiettee, but lie consi. who were called on to the law as it now t e o r p e d u , t w t; i at with fal i y mn i t ti o vi c e o L n f;r ~il this vu ea to dispense it. To whatever circumstance belonging to the trials in .question' censure was thought: to be due, whether to the admission of slave evidence, whether to the irre. Gulag form of the indictment, whether to the insufficiency of tilt whole evidence— for not one of these circumstanced could the Judge be justly held responsible. And, with respect no the conduct of the Jury,' who could- expect a Jury in Januticatd be so cautiously nice, so curiously critical, so skill e d in evidence its juries were. sontethnes found to be in England. The Honourable and ',earned dentleman then commented on the unfounded and inconsistent charges against the Duke of le \ i v ii i t l y iej :in a d ec t u in e d ' i l w il s i e ln ve B ri t ty ° . ll.a l e le °l th i e la n lf . Nated ltix ct?lnplaint against the confusion and the want of can. door,slicwo in accusing the ado' ittistrittorS of the law on account of the'inWerfcction3 of the law its , lf. Those who deemed it so :unreasonable that the evidence of shr i ves should be excludamtitiilne certain cares e . . mod admitted iu others, .would do well to recollect 'that even ti lls eeuntry pre6el.t day, altogether free from the clanntrilgewaciiifni°ntecovel? of evliemryasainitil lincsttitft,rne.:ltillietTceolvibil(sieireedbyit. co whicll o ra n z il i s t a t ;y 3 n s e f : I inigi,f be affected according to the cehnir their skin, fie con eluded IV expressing his dissent from the Resolutions of his Hon. and Learned Friend. Mr. %V. 'SMITH said he had heard with great satisfaction the `Hon. and Learned Gentleman apply the term accursed to the. system of colonial slavery. He had even gone further, and stigmatized the proceedings they were thin discussing as ae-„ cursed proCeetlingiW The SOLICITOR-GENERA L said thathe believed he had not used that expresekin with relation to the partiCuter proceed % ings of.Tarnaica. r. W. SMITH said, the Hon. and Learned Gentleman had called, the isystem.accprsed because it. produced such laws as those in which the p roceedings were defended. lie thought his language justified t he construction he had put upon it. The Honourable Member proceeded then to comment upon the transactions at Jamaica which he did not impute to individual character, but to the i nherent vices of the colonial system.— That system produced prejudices so strong, that justice was not likely to be,rendered to the slave. He could not under. stand What was meant by _technical distinctions. Was it a technical distinction to reject or admit hearsay evidence at third hand, when it affected the lives of human beings. The Hun. Gentleman then commented on the indisposition shewn by the Legislatures of Jamaica to amend the laws as regard ed the evidence of slaves, and their objection to suffer the Bri tish Parliament to legislate for them. Public opinion, how ever, might have 'sonic influence, and he therefore called upon the House at once, as the organ and the guide of public opinion, to mark its sense of the injustice which had been committed.— Under all the circumstances, he thought they were bound to go further than merely to impute mistake to those who con ducted the proceedings. It had been said they were not to abo lish slavery at once, because the Christian religion had done away slavery gradually; but were they to suppose two or three hundred years were to be taken to abolish a modern system of slavery. The doctrine appeared to him to be absurd. The amendment did. away the public opinion, which they ought to express against public administration, when marked by irregu. larity anti misconduct. _ _ Sir HOBERT WII.BON thought the Hon. and Learned Member who brought the subject before the House, was en: tided to the thanks of the country. The Attorney-General had called on them not . to pass a vote of censure on the persons con. cerned in the judicature or jurisprudence of Jamaica. That was the very thing he thought the House ought to do. He considered .all the parties, guilty of nothing less than a legal murder. Nothing could be worse than such a system. In 1822, James Simpson was tried for chaining down a female slave 12 years of age, anti twice violating her person. At the trial an exception was taken to the prosecution, on the ground that she was not a human being, but a chattle • and, secondly, that being a slave, her evidence cou ld n o t b e taken. The point was submitted to the Twelve Judges of England, who decided that under the existing laws of the Colony, they could not de cide against the objection, but the Judges and Government, to their honour, sent out a remonstrance against the manner in which the law was administered. Mr. GOULRURN said that there were persons connected with the Colonies whodid not support the mode in which thetie trials had been conducted ; but when he looked at the proceed ings, he did net look at them for the purpose of criminating men who acted in a situation different from any in this country, who acted under fear, and under the effect of prejudice which had long existed. lie looked at it with a view to a remedy which might relieve the negroes, ameliorate their condition, and make theta tit for emancipation. He should vote for the Amendment because it looked to those objects. Like the Mein. ber for Norwich, he wished to express public opinion with re spect to the proceedings of the Colonies. Could any man, after reading the Amendment of his Right Ilon. Friend, doubt that the public opinion had been expressed ? Would not the Colo nists see that all partiets blamed their proceedings ? If then the amendment conveyed public opinion, why should he vote for the original resolution ? It called on them to decide, without due caution, and to pronounce 'an opinion on judicial pro. ccedings carried on with the established colonial forms. If they wished public opinion to be unanimous, they would concur in the amendment. He was anxious it might be agreed to for the purpose of promoting the cause they were all ready to support. Mr. BitOUQIIAM said he entirely differed from the Right Hononrable Gentleman who had 'just sat down, in the view taken of the question. It' he could believe the amendment would convey to the Legislature and Judicature of the Colonies the opinion of that House, that the whole of their system was wrong and wanted reform, he should not prefer it to the resolu. 1 tion.of his Hon. and beamed Friend, yet witch of the repug. ' nance he felt to it would be removed. But it way because the 1 amendment got rid of the question ; . because those indefensible procedings were sought to be screened, lie should vote against it. The fault was said to be in the system. All the ttials were eoopled with, the forma of law, therefore, said the amendMent, it is not safe to express sentiments respecting the parties. His Learned Friend the Attorney. General, did not deny the Myr°. priety of the proceedings, and the Solicitor-Gener a l had said, God forbid that he should defend these proceedings. They were calLd upon to think as much as they considered proper on the subject, but were not to pass a vote, .because it would impute blame on those whom limy all admitted to be worthy of cen su re: llis Learned Friend had complained of the vague manner in whicli the Negroes had been put on their trial. The Attor ....t.s..ligte!itgt as it was, it was legal. Though Wes applied to the Blacks. l i fts :r -it t e lkligl . U l 4 V l2 B „l l 4 i ”n* Justice had been violated by the Jamaica Law. Ile had how ' ever :: little doubt uponthe Law of Jamaica bad as it was. The trials in St. George's and Hanover Parishes were more regularly tried than the Negroes in St. Mary's Parish. Ile might, without any want of charity,. entertain a belief that there was less re oulatitY in the St; Mary's trials than in the other parishes. The impatience of Colonel Cox, who stated that a number of exe. cottons were . necessary, before the Christmas holidays led to iiregularity. ~ Coupling Col. Cox's expressions with his docu ments, lie found that in one.tropical hull, eight. men were tried, upon a charge no one could understand, and upon evidence no one could believe. Thotie eight unfortunate men were tried and convicted, because it was necessary to satisfy curtain alarmists by having a number of executions before the Christmas holidays. /fire these proceedings to be justified and passed over by Par. Governer,ii a rnot i? Ile knew how the House felt on the question. The with his officerm about him—with his legal advisers about hint, w „;:ld not give breathing time ; but sent itutriedi. ately an order to exe.;.! days.. He wished it no t t to l tethe , men before ie Christmas holl. of applying to those p roce edingse e strongest reprobation of undeztood diet lie was desirous the House. He did not wish to apply ham::er expressions to the Governor -and others, than the ir s i tuat i on j usti n ta .. lie _ considered the sentences unjust, but the only charge on that account Wits, that they did not possess sufficient firmness in time of danger. At the same time the expression of that House was necessary. It behoved the House to express an opi nion that might prevent ,a similar occurrence, and convince men that flirt - mess was required in the exercise of authority ; and that men in a panicshould not lend themselves to shed in. nocent blood, because other alarmists would have it so. If nand re i c 4 o eu rd m in ed g these errors passed unreprobated, it would go out to the West Indies that such acts were justifiable.. the pass without o the expression of indignation and abhorrence with respect to the GentlemaniSre secretary 71d CANNINGnot rh hit i v d tit vote iff to transactions on t h e f a ce of the two resolutions, neither would he consent to tone of those resolutions,- but be anxious to record the amendment. Upon the Honourable and Learned Gentle man's sliming the original- resolution could not strictly claim support. It took oneungraduated expanse of Sweeping inter diction. In order to aggravate the, trials or St. Mary's p d . tisli, the Hon/ and Learned Gentl e m en gave the details of proceedings its St. George's and Hanover Parisheti—.to which 41e attributed ts delicacy in the proceedings, which discriminated ' t m thra s a i t s n e lsi e ea c c i t i ti iiwdo transactions. conveyto lbieli is eenvi generaleftwir die same from-the trials of St. Mary's. IL was clear, therefore, l a e n n and took, the e 0 e t t i i i t s l c e r n i i n a l i i i w i t i t a it d; ttivtalisett nottlie hislilfi the Li tri ie: l i l l : wo n no . a :li n :i t: wan t : ti e sd a o r n nn e ett tl i: t(et;:eitniuittrekserri different i c tiv : i n :,it it it. ii i. r e . t . )1,0 :1 1e ' l il t e iru l reo l n o p i l . i t ion . the amended resolution laid down collected from the whole of the proceedings e t t i t i t er v e ili w ic a li s wgrlttliutendmreone subject to a cod • totallydifferent were amendment. code that rites considered was, that they that Negro lite wa s had contained six that Wai Cale!llated to bring mei th i e nleinotti.se The ti all ne i:en i,o t • r nc I trit'sc'.l-' the rettolution of the Honourable upd Learned Gentleman slaves i il times less, he might' have agreed with him. The Right Honourable Secretary . would not have objected had it been in these terms :—" /laving taken into consideration the proceedinge in Jamaica, with respect to the trial of pc th e r y ce lze w f i e th lt i o n n di r g e t a ut cl u it o i 1823 and 1824, the House felt it their dt u tt n y d to m e n x t r o r t ls e t l he sorrow tbatl i t , g n a t n h t e l c a t: e n t a il :t i re in the strongest i h t e i: had been a perversion of the i i wi t u tz en n ob e et r e i t p i nree w pa l aere t r i e e l di l et t ti l o t i e na p tilio n r i en v x i ie s tc i oil:le-its! theexecution." law T iio ant} ltig s h e: tt n lion.c s , Nending the reform of criminal justice in respect to slaves.e t p te:::: e ilr. c .s t . : i i i i i i -, of their duty 1.1-version of law He was ready to contend the law ought Lot to exist. Ile mut prepared to contend the law ought to be ititered, 'but was not of fit prepared to-say that the House in the discharge freight to censure the parties Mr precipitancy anti who pronounced That . pronounced the theittw. The Right Hon. Gentleman considered tion not only extravagant hut untrue. He was thati Pr"P°Bl,- They were under the influence of to give an opinion on the pr e cipit anc y charge included two persons, 'thee Judge; to iitrilstotan t c ; ,;,:x : e r .c c u P i d io r : themselves of that ..ti Judges s ce il a a d n i t .the r G to u o v r e d r e n r or t i s l v e h who prisoners s d it power, but sen T t i t: tl y r t y di d d id no n t o a t va t i l i o. t . he a w l h ar ic n i :, the Governor. The charge, then, of °Now; as.to the Duke of Manelester— ti precipit.tney was Islse le state in which that No itlernan stood was that of the reprementative of the Sovereign of this country—its exercising tlte best prerogative of tae Crown —mercy. With respect to that prerogative and the measures Which became necessary, a question would arise, namely, whe ther the House would interfere in the exercise of it. He could not conceive a more formidable ,preregative. In the exercise of mercy, the House must leave it unquestioned, or take it away. They destroyed its essence if they made it the subject of Parliamentary inquiry. The Right Hon.-Gent. would never make a question of any act which related to that prerogative. His hope was, that he had stated his view of the question. He assured the Hon. and Learned Gentleman if he had made him (Mr. Secretary Canning) acquainted with his resolution, he, should have suggested such alterations as might have led to - a . general agreement, rather than form the amendment containing their view of what it was beat for Parliament to do. Ilad the Hon. and Learned Gentleman's proposition not contained that which he considered dangerous, he should have been glad to concur ; but he saw it as it was, and found it objectionable. The amendment was best calculated to convey to the parties that which Parliament ought to pronounce. It would produce all the effect _of a specific Parliamentary censure on a judicial pro teeding. The House could pot object to vote " that theysawin the proceedings which had been brought under their considera tion with respect to the late trials of the slaves, further proof of the evils inseparable from a state of slavery in the proceed ing against the slaves in the trial of the Kith of May, In a resolution to that effect the House could express its opi. nion against the manner in which the law had, been a llow e d to work. " lint however desirable it might appear that the law should be amended, it slid not• appear expedient .to the House to pass censure on persons for their conduct on trials ac cordin,,,- to law, and calledni for by existing circustances. H " The Right on. Gentleman was anxious to record that resolution. They only differed :from the Hon. and Learned Gentleman upon the expediency and prudence of censuring a proceeding under judicial authority. It was dangeretti to fay down an evil precedent by which they might be controuled in future tinter. Although the proceedings had been disgusting, he could not consent to censure any proceeding which lied the sanction of law. The Right Hon. Gentleman expressed a hope that the House wouldsee the endeavour to hump, this bridle on their feelings was only to prevent those feelings from carrying them too flu. By making it a precedent, they might in future find themselves unable to avoid great inconvenience.—(Cheers.) Mr. DENMAN, in reply, said he was most desirous an unanimous resolution should go forth; and he assured the Right Hon. Gentleman, that nothing could prevent him front.. complying with his suggestion, but an impression on his mind that he could not with justice alter his resolution. The &tine. On in his opinion was no other than a quibbling fallacy. The language of his resolution was correct, and lie was justified In saying it was a perversion of the law to bring 8 men to Waled execute them, without allowing time for their defence. H e could not say the Judges were guilty of precipitation in riving. sentence, but how could he withdraw the words of his resolution from the Governor, who was bound to execute justice in mercy? He was fully convinced that the system of justice in the Colo nies could not last long, unless Government intended annually to cede to them, and thereby make a mockery of regretted that he could not accede to the suggestion of Right Hon. Gentleman (Mr. Canning); but he felt it his boun den duty to the country to take the sense of the House upon his motion, however the fate of it might be decided. The House then divided— For the Amendment 103 For the Motion . 63 Majority • ....40 Sir C. LONG obtained-leave to bring in a Bill to Consoli date the haws relating to Pensions at Chelsea Hospital. justice. the Mr. DICKINSON moved for a Select Committee to enquire into the County Rates. The House then adjourned at ONE O'CLOCK. THE EXETER 'CHANGE •EI4EPHANT. A vast number of persons yesterday went 10 1 • Exeter 'Change, to view the carcase of the Elephant, whi ch It became necessary to kill on the preceding evening. T he noble animal lay in an upright position, as if it had b it ' down of its own accord, and the numerous perforations °I the balls were distinctly visible about the head and temPle'• The fatal ball was supposed to have entered his side, and thereby reached its vitals. In the ferocious attach 'whic h ' ha made on the timber by which he was confined, .he actually broke one, of. his tusks, which . was snapped ah°llt e the centre. The other tusk had been broken when you n g' It was unquestionably the largest elephant ever seen in t l bl iti, t country, and stood 11 feet in height. The unfortunate ani m al, after it had received several balls in the head, sinstiocti"if turned his back upon his assailants, and endeavoured 'to force his way out, by pushing against the rails in that position.--. Finding his ponderous weight thus forcibly pressed aff a k i e n : i t , e t s l 7 t timber, and likely to effect the purpose In view, Cie ~ ....p...........1, 5....L.1.....3-6-1••• in ills nitlilt.; and thus k ept tint at a short distance, until he fell. The body will remain 0 11 view till Saturday, when it is - supposed it will be dissectedi'; Mr. Cross waited on Sir Everard Home yesterday, w!t h , t t view. The only animal which manifested any exlt`:', l , during the assault, was the lion, N4o, which lashed his i h • e- ' dashettagainst the iron bars of his cage,_ and evinced e rectly anxiety to come forth, and take runt in the Ohl. . 51r * h o me ere rveTterrA has two elephants, a male and a female, on their risme -- from India. The following particulars are not without interest : - . 4 " th :. , h la i s s t s fi y v s e tel y n e , ar h s ad th t e he el c e n p „.ec ha t n o t t h rel as ;de d: th r g ingit him he q r t u li t e ti t n . g ses ignh i a t ce cited much alarm_; but the jud i cio u s means adopted bow ete,_, A T re yearsou administer . Cal t o eg in o e t l he a a lti n od im ipilis a n l lpo w lau as rigid s e o sci f u t o i a r fn io Et u ipt at is , eso il: o) a f t sz t a t ile t t i ,i li c e nin f i o eix ti: e n ti d s E .x e i t °41 ,0he. 6 .11 n: subsequently ut r iatlaisarsiy,oeaisctiirilonwsiesiienruaesll:igolanbli iii v :i e otithu n utleire to snmfilo t ive t xf i t i e t ic i crir w iwolse i tii t dxt h ahn i ip n rcootba s :l, 2 :ld l o l fs o tano rs fedn , m . r owww was wasrl oo to fwr U aw t lb) hie e di r en, b e g : n t u , teic , : , he i object desired was accomplished. On another occasion as," h e . e od seel N te o c v n e ti n Y th a er d l o a ie t, for a man as an active purgative, vi P il ), t "orftte nistered without the slightest etrect being produced. l'xii e nt I : 3 )ha l : ‘ t: t a ll t e th s m t: the i l ast dcn fewlVas t•-, -.., first sY , animal, to prevent the probablne of danger. Th , i' len a por tion within reach afiltdiell:netl o ttne . t ii i ri e l actual rage was shown ab l e) 4 week am . :, W •hl c - t. a • rtt(ru:iy'llied'ntrersiikwitawhanhnerttadihesetshuuel:ciihtaacdwenwisileumasdffitodontdirimoceenfpficageteirircriottoicantiropc. the den animal was so docile, that the keeper could safely :deer' in t i,,t 4 1 1 ; 1 e ys ca t i e lr t: ,l l:nder, but since the death ofiti at all hours without using a spear ; but latterly the 11 ,rn e t ,, a V . y erroneous statements have been made °f e t : ti t:a s :el ( c )f o ) n a s a u y t , si l e b el o l r ey l9 tl b il u s n s c t h u e c s e ) : ...:_wiseBella,vcobtrtriatrieucapt a;:csediolocult;estasaotrfcgrriati_sillee' ' ...... B'..- t , : ss t rt it T y . l e te r ndance upon him . has been a se rvice of' great u3 n tity the l a w ing daily. consumption . ‘ ,ia of tares, a t uss of straw tgivan as a bed, but generally - the and tram 30 to 3el _ eedlone of water. The rest taken byiacrt, nlephant wait- ahout.4 hours in the 24, during whi ch he litY• Keen, the tragedian, went to America, he fregliell". l „ - ,: l e d t be elephant, and was much noticed by i t n, When he r" - : - 1 1 the o an r tiliv,por)o,epaerrs aagcle.7sle:2leitllie;h,eo,nft 'acUurrsotbseeasort-a;re:tetair(l7.,--aantettiw: was instantly recoguized by Chuny (the " Me hy will : died animal was address,ele, over hint. ill r. Kean sat down w i t hin his reach, and tiav e c aee d, b b e d r e late d e ooi is b e a h chi his two or three loaves of arced, which were rapidly ne v " a er subsequently, and sore, the keeper lei whenever Ire h a d a sore ° lace ' hC ° da il y wull Ia that, Chun was so much pl ea s e d w i t h t hi s modem 7 reliefki take w u direct the water in his sunk, ati d t h ew it upon the sore, t0...../iie attention of the keeper, of whom he was Very U t roll; seve n, Elephant was as striseiie of injury as kindness. den j in a tong ° .years ago the keeper h a y sate ente red the -Th ai a ro, dress, he was not recognized,. and the auroral M i ele ( eagle theioisi t t i ve li e . i l u. (int r iyg .0, i i k.n s e ts loste w uni: no i doe fi t u , I no i _lsafraeregontiwibm, tight lr: nun, fi xing him to thew all between his bake, rand A n.ro dety ing him with his trunk ; Si byestander, ill the lata.lav e - t high to SaVe the lire of the keeper, thrustet etitchfork inn at ten tion of the elePhant• This had the effect of diverting ni t t 4 It e t h e as- . from th e keeper, who was able to make his escape)' u t ".., t out gallant wwi recognizA, antd from that day has ad %l e o proofs of Chuny's recollection. On some occasions !". i t t ot r has taken dirty water into his trunk, and thrown loos the ()Keeler. During the season of excitement t he ea rue these synnitoms are noliced, the keepers ride the t iegs they are much exhausted, and then con fi ne thei r ily, a nd was tailivaa'srgfte)rstereolnilliyatt,lioeriiinificeanniteanartilneoefatrhte ei rl e, j , 7 la i d r e ‘ii t e i a with ropes. When tiles subdued, they taco e, 01 teetiver id the course of a few daye.—The "` 0 t iCtOr' tiLstroyiog this Elehant was foreseen by the P r P coo° and every luce rn e were adopted which huleanllYee ea sy suggest, to do the act speedily; but it is VeVer_at,,,,o , a Matter to destroy so powerful an animal, Some yeariVa, its Elephant at Veiice was in the same state, and after IL" e "J' a t; keeptT, escaped into the market plaee, where he was fired when he had received upwards of fi fty shots, lie gat t e n t „ t loge rack pieces of ordnance, he was fired at repeatedly, but pang witlio t h a , by the soldiers. A nine-pounder was then brought, Yard, and after amustne himself -by tossing a° ''t effec t ' ' first discharge felled him to the ground, It::::tit ant:rittibahrashwi